Marijuana dispensary permit yanked due to nearby school

By ERIC LINDBERG — Nov. 6, 2009

City officials yanked the permit of a recently approved medical marijuana dispensary yesterday after learning that a previously unnoticed county school was located nearby.

Santa Barbara Greencare Collective had secured approval in early September but county officials cried foul on September 15 after noticing that the dispensary’s location at 2 W. Mission St. was too close to Mission Community School at 7 E. Mission St.

Under current city regulations, pot shops can’t be located within 500 feet of a school. The dispensary falls within that buffer zone around the educational facility, which serves a small population of students with developmental disabilities.

After a lengthy period of public comment and deliberation, the city’s Planning Commission decided to classify the facility as a school on a 3-2 vote, thus revoking the dispensary’s permit.

“It is most unfortunate that this was not discovered … until so late in the process,” Commissioner Sheila Lodge said, lamenting the fact that the dispensary operator had gone through the hurdles of the city’s planning process only to have the permit invalidated.

But Lodge eventually sided with two of her colleagues in finding that Mission Community School is, in fact, a school as defined by city code.

Commissioner Bruce Bartlett, however, said he isn’t convinced that the educational facility is a school under the local ordinance definition. Most students are older than 18 and city officials had no idea the facility existed, he argued.

“It’s never been on the radar and it’s been there for eight years,” he said, adding that he finds it unfair to punish the dispensary because the facility had been overlooked.

“I don’t feel it’s fair to penalize the one person who has played by all the rules,” Bartlett said.

Despite the narrow scope of the hearing — limited to determining whether the facility met the definition of a school — plenty of community members turned out to extol the benefits of medical marijuana or decry the negative impacts of dispensaries.

Hans Edwards, who planned to operate the dispensary, said he has personal experience with overcoming illness through the use of medicinal cannabis.

“We want to help residents with similar conditions and needs,” he told the commission, adding that he planned to donate a portion of the proceeds to local charities.

His attorney, Steve Amerikaner, argued that the dispensary should be allowed to remain in its permitted location, pointing out that Mission Community School is not principally for minors. Most students dating back to 2006 have been older than 18, he said.

Ben Romo, the county’s director of community education and special projects, railed against that argument, however, saying that the facility serves K-12 students. Allowing a dispensary to operate within the 500-foot buffer would amount to discrimination against students with disabilities, he said.

“This would apply the law unequally, affording some students protection while not offering it to others,” Romo said.

Eventually, a majority of the commission decided that the facility should be considered a school because it serves minors, offers courses required by state education code, allows students to complete high school, and operates as an elementary or high school more than a community college or university.

Medical pot dispensaries have become a major issue in Santa Barbara in recent years after residents began noticing the growing number of shops. At least 14 are in operation or seeking approval, along with a few illegal operators.

City leaders will be discussing the larger issues surrounding medical marijuana during an evening session on November 17 at City Hall, while the city’s ordinance committee is reviewing revamped dispensary regulations on November 24.

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: 11/7/2009

We didn't know there was a school there... It's a good thing we found out. It's that we could strike out against a dispensary in the name of disabled people. Halleljah!!!

Boycott Boy

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What Will DAS do? : 11/8/2009

Now that Das is claiming to be a "school board member" for Peabody Charter School (which doesn't have a board but a committee but whatever) wonder how he will assist Peabody's Principal Kate Ford in getting rid of the illegal "dispensary" just down the street from Peabody. Oh wait, Das wants MORE dispensaries......sheesh uh oh Das might have to be duplicitous in his "beliefs"

WWDD

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www.twitter.com/mymedimar : 11/8/2009

#MyMediMar: Expecting Med. Marijuana dispensaries to be outside a range from schools would be fair if the same was expected from pharmacies.

Greg Park

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What? : 11/10/2009

Apparently having a GUN STORE near a school is OK.. Go figure.

Policy Pete

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That's messed up : 11/10/2009

This Pharmacy owner went through much expense, jumped through every hurdle required by the city and was approved. They screwed up and should be responsible for his financial losses.

Damn red tape

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everyone get real! : 11/11/2009

WEED IS NOT A CURE FOR ANYTHING...THIS IS ALL JUST LEGALIZED DRUG USE!....THE PLACES WHERE THIS STUFF IS SOLD SHOULD IN NO WAY BE IN ANY CITY LIMITS...STOP PLAYING LIKE POT IS FOR MEDICAL PURPOSES

WOWO MAN

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Pharmacy owner??? Who you kidding? : 11/11/2009

The Andersons were out to sell pot. The ordinance to allow them to do so (which is illegal under state law) says you can't do this within 500 ft of a school. There's a school within 500 ft, and the city failed to uncover it in the permitting process. The school themselves said, hey wait a second here. Thus the planning commission had no choice but to revoke the permit. But, make no mistake, this is no pharmacy, and whoever said it is, is just trying to fool everyone else. Because marijuana is illegal under federal law, pharmacies can't touch it. You can grow your own, under state law, but all the yuppies would far prefer to procure their supply on the way home from work from stores only too happy to sell it to them under the guise of 'medical marijuana'. Dispensaries are just catering to recreational use, which is still illegal under our laws. Good for the city for finally having the cojones to turn one down.

downtownres

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Waste of Civic Time : 11/11/2009

Dispensaries are legal and far less scary than bars, gun shops, and other adult-focused businesses. The city officials are wasting everyone's time with this "yanking" business. And if that place is a school, so is the knitting shop that offers classes in purling.

SB Republican

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